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Patna High CourtCR. MISC./16299/2021bail rejected

Md. Iftekhar @ Bholu @ Iftekhar Jalis v. The State Of Bihar

2021-12-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16299 of 2021 Arising Out of PS. Case No.-399 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== MD. IFTEKHAR @ BHOLU @ IFTEKHAR JALIS Son of Late Md. Akhtar Resident of Village - Muraul, P.S.- Bajpatti, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhubala Verma, APP For the Opposite Party/s :

Mr. Anuj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioner is/are apprehending his/their arrest in connection with Bajpatti P.S. Case No. 399 of 2020 for the offence registered under Sections 447, 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

The prosecution case in nutshell is that the petitioner assaulted the informant on his head with sharp cutting weapon with intention to kill.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the

Patna High Court CR. MISC. No.16299 of 2021(2) dt.22-12-2021 2/2 present case. It is further submitted that the petitioner has no criminal antecedent.

Learned counsel for the informant submits that there is direct allegation of assault by sharp cutting iron weapon on the head by the petitioner due to which the informant suffered grievous injury and the injury report disclosed sharp cut wound over fore-head, sculp deep with profuse bleeding. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner. It is, accordingly, rejected.

However, the petitioner is directed to surrender before the court below and file an application for regular bail on which the court below may pass necessary orders in accordance with law without being prejudiced by the present order. (Sunil Kumar Panwar, J) Jagdish/- U T